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WARREN — A Warren police officer involved in a high-speed crash that left two dead appeared in 37 District Court March 6.
James Burke, 28, appeared in court with attorney Marc Eric Curtis in front of Judge John Chmura to hear the charges leveled against him. Chmura set a preliminary examination hearing date for May 1 at 9:30 a.m. in district court.
A protest was organized at the courthouse in support of the two men who were killed in the crash, Cedric Hayden Jr. and DeJuan Pettis. The Rev. Fuqua Bey, president of the Detroit Branch of the National Acton Network, organized the event.
“In November, the families learned that Burke had been charged with four counts, including manslaughter with a motor vehicle,” a press release about the protest states. “However, the Macomb County Prosecutor’s Office declined to pursue second-degree murder charges, leaving the families frustrated. They also expressed disappointment that the second officer in the vehicle, who could have activated the cruiser’s lights or siren, has not been charged.”
The families of Hayden and Pettis, now represented by Fieger Law, filed multimillion dollar lawsuits against the city of Warren and the two police officers involved in the crash.
Burke’s attorney weighed in on where the case is following the March 6 hearing.
“The family is making an issue of the delays,” Curtis said. “Just like any other defendant, James is entitled to a proper defense and due process. We just got, the day before the prelim, the final autopsy report in regards to the driver. He was, I heard his father say he wasn’t drunk, he was a 0.198 (blood alcohol content) at the time of the accident. We believe that, once all the facts and circumstances come out during the process, a better light will be shined on what happened that night.”
Under the state’s drunken driving laws, the legal limit for a driver’s blood alcohol content is 0.08% or more.
Burke is charged with two counts of manslaughter with a motor vehicle, 15-year felonies; one count of moving violation causing serious impairment of a body function, a 93-day misdemeanor; and willful neglect of duty by a public officer, a one-year misdemeanor. He was arraigned Nov. 22 in the 37th District Court where Judge Michael Chupa set a $100,000 personal recognizance bond.
The crash happened Sept. 30, 2024, at around 5 a.m. Burke was driving a police SUV with another officer who has not been named or charged. The SUV was traveling south on Schoenherr Road at a high speed, without lights or sirens. Hayden and Pettis were reportedly leaving work — Hayden at Stellantis and Pettis at General Motors — and made a left on Prospect Avenue from northbound Schoenherr Road when the police SUV hit them.
Hayden, 34, was reportedly dead at the scene and Pettis, 33, died at the hospital. Both officers in the SUV had serious injuries following the crash.
“At no time were these officers engaged in a pursuit of the white Dodge Durango or any other vehicle when the crash occurred,” a press release from the Warren Police Department stated after the crash.
“While police officers often face challenging and fast-moving situations, the decision to drive at high speeds without lights or sirens undermines the safeguards meant to protect everyone on the road,” Macomb County Prosecutor Peter Lucido stated in a press release. “Our thoughts are with the victims' families, and we remain committed to pursuing justice in this matter."
Burke had been with the Warren Police Department for three years. According to Warren Police Lt. John Gajewski, Burke was terminated Dec. 12, 2024. The unnamed officer, who was a passenger in the police SUV, is currently on medical leave.
Staff Writer Gena Johnson contributed to this report.
Call Staff Writer Nick Powers at (586) 498-1059.
